Spouse of U.S. Citizen

Overview:

A foreign national spouse of U.S. Citizen is almost always entitled to come to the United States and to obtain a green card by becoming a lawful permanent resident.  As a permanent resident, the spouse is eligible to work in the United States and may be eligible to obtain citizenship after three years.  In the interest of uniting families, foreign national spouses may be able to overcome certain indiscretions that would otherwise bar them from obtaining permanent residency (i.e. unauthorized work and being in the United States without authorization).

Procedure:

If your spouse is inside the United States:

If your spouse is inside the United States, multiple petitions will need to be submitted to USCIS.  The petitions may be submitted concurrently and will need to demonstrate that a bona fide family relationship exists.  Additionally, the foreign national spouse will need to demonstrate that they are eligible to adjust status and become a permanent resident.  When the foreign national spouse applies for adjustment of status, he or she may also request work authorization and the ability to travel abroad.  If all goes well and the petition for adjustment of status is granted, the foreign national spouse will be granted a “green card” as a permanent resident of the United States.

If the couple is recently married, the foreign national will only be granted conditional permanent residency, and will need to complete additional steps before the conditions on the permanent residency are removed.

If your spouse is outside of the United States:

If your spouse is outside of the United States, the process for obtaining permanent residency will involve a few additional steps than if your spouse is in the United States.  First, the U.S. Citizen spouse will need to submit a petition to the USCIS and demonstrate that a bona fide family relationship exists.  Once the petition to USCIS is approved, the foreign national spouse will need to interview with a U.S. official at a U.S. consulate abroad.  After the interview, a visa will be issued that will allow the foreign national spouse to enter the United States and reunite with their U.S. Citizen spouse.  Once in the United States, the foreign national spouse will be provided lawful permanent residency and will be able to work and travel abroad.

If the couple is recently married, the foreign national will only be granted conditional permanent residency, and will need to complete additional steps before the conditions on the permanent residency are removed.

After Obtaining Permanent Residency:

Citizenship: After three years of permanent residency, a noncitizen spouse may be eligible to become a naturalized U.S. Citizens.

Work Authorization: After obtaining permanent residency, the noncitizen spouse will be authorized to work in the United States.

Travel Abroad: After obtaining permanent residency, a noncitizen spouse may be able to freely travel abroad.  However, care must be taken to ensure that the permanent resident does not “abandon” his or her permanent residency by staying abroad for a significant amount of time.

More Information:

For more information, please visit the USCIS website.  To learn if your spouse is eligible for permanent residency in the United States, please contact Gafner Law Firm.